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Monthly Archives: March 2007

Criminal – Sentencing – Credit Card Fraud – Upward Departure (access required)

A defendant convicted of credit card fraud under 18 U.S.C. Sect. 1029(a)(2) wins a remand of his sentence in his appeal arguing that the district court acted unreasonably in imposing a 105-month sentence, an upward departure of nearly 85 percent ...

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Criminal – Police Misconduct – Drug Conspiracy (access required)

Although a codefendant in this drug conspiracy case revealed after the conviction of defendant, her husband at the time of their arrests, that she had an affair with the police officer who was the lead investigator of the charged drug ...

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Administrative – Agency Rule – Internet Domain Names – Public Disclosure (access required)

An Illinois lawyer who operates a Web site for discussion of current events under a “.us” domain name does not have standing to challenge a federal regulation requiring disclosure of certain information for the top-level “.us” domain because he voluntarily ...

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Bankruptcy – Dischargeability Of debt – Judgment Debt – Fraud (access required)

An auto-accident plaintiff who won a judgment for emotional distress based on fraud by debtor, a private investigator, cannot collect her judgment because the debt does not qualify as an exception under 11 U.S.C. Sect. 523(a)(2)(A) to the rule that ...

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Civil Rights – Excessive Force – Judicial Estoppel (access required)

Where a defendant charged with a drug sale obtained probation before judgment on a charge of resisting arrest, a district court erred in applying the doctrine of judicial estoppel to dismiss the defendant’s suit under 42 U.S.C. Sect. 1983 against ...

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Traffic Offenses – DUI – Second Offense – Lesser- Included Offense (access required)

Where defendant was convicted of DUI first offense in general district court and has appealed to the circuit court, the commonwealth cannot amend the indictment to charge DUI second offense, because defendant’s conviction of DUI first offense, a lesser-included offense ...

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Civil Procedure – Appeals – Sanction Order (access required)

The Court of Appeals abused its discretion in dismissing two appeals on the basis that the appealing party – a biological father who was sanctioned after he challenged the dismissal of his CHINS petition filed after another couple obtained custody ...

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Civil Procedure – Contempt Of Court – Judge As 'Victim' (access required)

In this litigation arising over security at the Petersburg Circuit Court courthouse, the Virginia Court of Appeals did not err in holding that a circuit judge could not testify as to events relating to display of a sign posted on ...

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